By Kate Anderson
Daily Caller News Foundation
Attorneys for former Cardinal Theodore McCarrick asked a district court Monday to dismiss accusations of sexual assault after a psychologist determined McCarrick was “legally incompetent” due to dementia, according to court documents.
McCarrick was removed of his title of D.C. archbishop by Pope Francis in 2019 after several young men came forward in 2018 claiming that the former church leader had sexually abused them, according to the Washington Post. McCarrick was set to stand trial, but his legal counsel filed a motion to dismiss Monday revealing that the former cardinal has been reportedly suffering from dementia, according to the motion.
“Defendant Theodore McCarrick, now 92 years old, respectfully requests that this Court dismiss the pending criminal complaint, because he suffers from significant, worsening and irreversible dementia, and thus, is legally incompetent to stand trial,” the motion read. “Although a jury trial would afford Mr. McCarrick the opportunity to confront his accuser, prove his innocence, and vindicate his reputation, a ‘person whose mental condition is such that he lacks the capacity to understand the nature and object of the proceedings against him, to consult with counsel, and to assist in preparing his defense may not be subject to trial.’”
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The charges against McCarrick consist of three counts of “indecent assault and battery on a person over 14 years” at a “family function” in June 1974, according to the motion.
Dr. David Schretlen, professor of psychiatry at Johns Hopkins University, conducted a cognitive exam of McCarrick with “an extensive battery of neuropsychological tests” on Dec. 5, 2022, as well interviewing family members and those responsible for McCarrick’s everyday care, according to the motion. Schretlen determined that the former cardinal “suffers from a ‘severe cognitive disorder’ and ‘everyday functional disability’” and is therefore unable to stand trial.
The motion states that McCarrick does remain “intelligent and articulate” but is not competent to mount a defense against the charges against him. McCarrick’s attorneys also argue that his dementia is unlikely to reverse itself over time and asks that the court will grant a motion to dismiss on these grounds.
“On September 3, 2021, Mr. McCarrick pleaded not guilty and maintains he is innocent of all charges,” the motion reads. “In short, Mr. McCarrick’s dementia severely constrains his constitutional rights to establish his own innocence. In such circumstances, a criminal trial would be inconsistent with due process.”
McCarrick’s attorney did not immediately respond to the Daily Caller News Foundation’s request for comment.
This story originally was published by the Daily Caller News Foundation.
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